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MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
November 13, 2017
PRESENT: Commissioners Michelle Lee, Liz Garvin, Greg Goble, and Ryan Groce. Others:
Alternates Ken Kraska and Sharon Sanden
ABSENT: Tim Brittan
OTHERS PRESENT: Town Attorney Cathy Cunningham, Assistant Town Manager
Amanda DeGan, Director of Planning Ron Ruthven, Town
Secretary Kelly Edwards, Administrative Assistant to the Town
Secretary Tanya Morris, Fire Chief Richard Whitten, Deputy Chief
John Ard, Communications Director Ginger Awtry,
Communications Manager Jon Sasser, Director of Public Works
Jarrod Greenwood, Director of Information Technology Jason
Power, Building Official Pat Cooke, and Development Coordinator
Nick Ford.
Work Session
1. CALL TO ORDER
Commissioner Lee called the work session to order at 5:00 p.m.
Commissioner Lee moved to Work Session Item 4.
2. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
Director Ruthven gave an overview of Item 4 and Item 5.
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3. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT
PROJECTS PER OCTOBER 2017 REPORT.
Director Ruthven provided updates on the following:
Entrada: Building permits issued for retail corner and gas pad parking garage,
infrastructure near completion, and landscaping along Solana Boulevard.
Quail Hollow: Phase III on the agenda.
Project Blizzard: Construction is underway on Schwab buildings.
Traffic signalization: Dove Road delay.
4. EXECUTIVE SESSION
The Commission convened into executive session at 5:02 p.m.
The Commission will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning
and the Comprehensive Plan
b. Section 551.071. Consultation with Attorney (1) when the governmental body
seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause
No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and
Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle
Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley,
Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum
(collectively, "Plaintiffs") vs. Town of Westlake
5. RECONVENE MEETING
Commissioner Lee reconvened the work session at 6:04 p.m.
Commissioner Lee moved to Work Session Item 2.
6. ADJOURNMENT
Commission Lee adjourned the work session at 6:07 p.m.
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11/13/17
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Regular Session
1. CALL TO ORDER
Commissioner Lee called the regular session to order at 6:08 p.m.
2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING
HELD ON OCTOBER 16, 2017.
MOTION: Commissioner Goble made a motion to approve the minutes with
revisions as discussed. Commissioner Groce seconded the
motion. The motion carried by a vote of 5-0.
3. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING
HELD ON OCTOBER 30, 2017.
MOTION: Commissioner Garvin made a motion to approve the minutes.
Commissioner Goble seconded the motion. The motion carried by
a vote of 5-0.
4. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF A SPECIFIC USE
PERMIT FOR A TEMPORARY CONCRETE BATCH PLANT TO BE LOCATED AT
PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD3-5B) ALSO
KNOWN AS THE CHARLES SCHWAB CORPORATE CAMPUS, AN
APPROXIMATELY 71.4 ACRE SITE. THE PROPERTY IS GENERALLY LOCATED
SOUTH OF THE STATE HIGHWAY 170 AND STATE HIGHWAY 114
INTERSECTION, NORTH OF JT OTTINGER ROAD, AND WEST OF WESTLAKE
PARKWAY.
Development Coordinator Ford provided a presentation and overview of the item.
Commissioner Lee opened the public hearing.
Joe Schneider, Hillwood Properties, 9800 Hillwood Pkwy, Fort Worth, spoke in favor of
the item.
Commissioner Lee closed the public hearing.
MOTION: Commissioner Goble made a motion to recommend approval of
the Specific Use Permit for a temporary concrete batch plant, with
following recommendations: 1. Hours of Operation & Noise. Hours
of operation are regulated by the noise produced during
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operation. Daytime noise levels in Westlake are limited to 56
decibels at a residential property line, dropping to 49 decibels
between 7:00pm and 7:00am. Given the proposed location of the
temporary batch plant and the relatively low level of noise
produced by related equipment, sound issues are not anticipated
to be a problem. If noise becomes an issue at any point during
operation, Town staff have the ability to take appropriate
corrective action. 2. TCEQ Requirements. Concrete batch plant
should comply with all TCEQ regulations for batch plants. Provide
a copy of the compliance checklist as required by the TCEQ along
with a copy of registration of plant with TCEQ. If batch plant is
operating under permit by rule (PBR) under title 30 of the Texas
Administrative Code and defined by TCEQ, no registration is
required, however a check list and record keeping as outlined by
TCEQ should be kept onsite and up to date. Batch plant
exhaust/filter equipment must located at least 100 feet from any
property line. TCEQ requirements should be fulfilled before
operations begin with the batch plant. 3. Removal of Batch Plant.
The temporary concrete batch plant must be removed prior to the
issuance of the Certificate of Occupancy for any/all buildings for
the Phase 1 portion of the Charles Schwab Corporate Campus.
Commissioner Kraska seconded the motion. The motion carried
by a vote of 5-0.
S. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A
RECOMMENDATION REGARDING A FINAL PLAT FOR PHASE III OF THE QUAIL
HOLLOW SUBDIVISION. THE PROPERTY INCLUDED IN THE FINAL PLAT IS A
PORTION OF THE APPROVED 188.28-ACRE PRELIMINARY PLAT LOCATED AT
1755 DOVE ROAD, SOUTHEAST CORNER OF THE FM1938/DOVE ROAD
INTERSECTION.
Development Coordinator Ford provided a presentation and overview of the item.
Discussion ensued regarding erosion issues addressed in Phase I, lake on Phase III,
ownership of the dam and its structural integrity, and the Economic Developer
Agreement.
Commissioner Lee opened the public hearing.
No one addressed the commission.
Commissioner Lee closed the public hearing.
MOTION: Commissioner Garvin made a motion to recommend approval of
the Final Plat with the following conditions: Engineering comments
are satisfied, including sealed by surveyor/engineer, Town
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boundary, and names of property owners adjacent within 100
feet. Commissioner Goble seconded the motion. The motion
carried by a vote of 5-0.
6. CONTINUATION OF A PUBLIC HEARING AND CONSIDER A
RECOMMENDATION OF AN AMENDMENT TO THE COMPREHENSIVE PLAN,
AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE
LIMITED TO AN APPROXIMATELY 62.53-ACRE PORTION OF LOT 1, BLOCK 3,
WESTLAKE/SOUTH LAKE PARK #1, LOCATED ALONG THE SOUTH SIDE OF
SOLANA BLVD., WEST OF THE INTERSECTION OF SAM SCHOOL ROAD AND
SOLANA BLVD.
No additional information provided.
No discussion ensued.
Commissioner Lee moved to Item 7.
MOTION: Commissioner Goble made a motion to recommend approval of
the amendment to the Comprehensive Plan. Commissioner Garvin
seconded the motion. The motion carried by a vote of 4-1-0.
Commissioner Kraska opposed.
Commissioner Lee returned to Item 7 to call for a motion.
7. CONTINUATION OF A PUBLIC HEARING AND CONSIDER RECOMMENDATION
OF A ZONING CHANGE REQUEST FOR AN APPROXIMATELY 62.53-ACRE
PORTION OF LOT 1, BLOCK 3, WESTLAKE/SOUTH LAKE PARK #1, LOCATED
ALONG THE SOUTH SIDE OF SOLANA BLVD., WEST OF THE INTERSECTION OF
SAM SCHOOL ROAD AND SOLANA BLVD. THE PROPERTY IS CURRENTLY
ZONED PLANNED DEVELOPMENT DISTRICT (PD1-1); PROPOSED ZONING:
PLANNED DEVELOPMENT DISTRICT (PD6) FOR SINGLE FAMILY RESIDENTIAL
USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND
DEVELOPMENT PLAN; APPROVAL OF A SPECIFIC USE PERMIT FOR PRIVATE
STREETS.
Director Ruthven provided a presentation and detailed overview of the updated item.
Larry Corson, Wilbow Corporation, provided a presentation and overview of the
proposed development, including an updated proposal.
Discussion ensued regarding proposed view from Glenwyck Farms, height of knoll to
street, tree disturbance and mitigation, concessions for the proposed Glenwyck Plan (56
lots), and visitor parking.
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Commissioner Lee continued the joint public hearing for Items 6 and 7.
The following people spoke in favor of the item: Ross Stewart, Larry Stewart Custom
Homes, 5504 Valley View Ln, Colleyville, Texas 76034; and Vik Suresh, 2042 Valencia
Cove.
The following people spoke in opposition of the item: Ray Oujesky, 201 S. Main Street,
Suite 2500, Fort Worth, Texas 76102; Pat Cockrum, 1825 Broken Bend Drive; Joe
Mohan, 1806 Copperfield Court; Scott Bradley, 1 Paigebrook; Neil McNabnay, 1815
Broken Bend; Colin Stevenson, 1823 Broken Bend Drive; and Biswajit Dasgupta, 1811
Broken Bend Drive.
The following people did not speak, but completed a speaker form in opposition of the
zoning change: Kelly Bradley, 1 Paigebrook; Janelle McNabnay, 1815 Broken Bend;
Charles Hamby, 1837 Broken Bend Drive; Beth Hamby, 1837 Broken Bend Drive; Walt
Havenstein, 2211 Cedar Elm Terrace; Judy Havenstein, 2211 Cedar Elm Terrace; and
Melanie Stevenson, 1823 Broken Bend Drive.
Commissioner Lee closed the public hearing.
Discussion ensued regarding Ordinance 202, lack of official Master Plan, 10%
requirements in PD-1, staff recommendations in relation to the Comprehensive Plan,
setback requirements on Solana Boulevard, tree mitigation on Right-of-Ways, and
proposed Glenwyck Plan (56 lots).
Larry Corson, Wilbow Corporation, gave a rebuttal in regards to the speakers in
opposition of the proposed development.
Discussion continued regarding current setback requirements, proposed Glenwyck Plan
(56 lots) option, Blackstone involvement in negotiation process, lack of open space in
current zoning ordinance for property, setback options (50'vs 100 along Solana
Boulevard, location of transitional housing, and a community park listed in
Comprehensive Plan.
Commissioner Lee returned to item 6 to call for a motion.
MOTION: Commissioner Goble made a motion to recommend approval of
the zoning change for the 56 lot plan, in the applicant's
presentation, with the following recommendations: 1. Except
where exempted, existing trees removed on individual single-
family lots shall require mitigation per the requirements of the
Code of Ordinances. 2. Trees located in roadways and utility main
locations as shown on the preliminary plat and civil construction
plans are hereby exempt from the mitigation requirements of the
Code of Ordinances. 3. All protected trees and tree preservation
areas (non-exempt) as shown on the concept plan shall be
protected per the requirements of the Code of Ordinances.
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Additionally, a tree protection plan shall be submitted for review
and approved by the Town Manager or their designee prior to any
site grading/clearing and tree removal. 4. As a condition of
approval, staff recommends that the 15-acre southeast hill portion
of the development be developed as the required community park
as shown on the Parks, Open Space and Trails Plan, thereby
satisfying both the parkland dedication requirements of the Code
of Ordinances and the recommendations of the Comprehensive
Plan. 5. Most of the southeast hill should be graded to provide
better access for maximization of amenity use. 6. Said park shall
remain privately owned and maintained but shall be accessible to
the public at all times. 7. Maintenance responsibilities, details of
amenities, and final locations of parking and trails shall be
approved through a separate agreement between the
applicant/developer and the Town. Said agreement shall be
approved before a notice to proceed with the construction of
public improvements is issued by the public works director.
8. Prior to approval of the final agreement between the developer
and the Town, a public workshop shall be held whereby public
input is received concerning the final park design and amenities.
9. The existing decomposed granite trail along Solana Blvd. shall
be replaced by the developer with an eight (8) foot wide concrete
trail along the entire frontage of Solana Blvd. adjacent to the
subject property. Said trail shall, as closely as possible, follow the
course of the existing trail with all trees to be preserved as
existing at the time of construction. Said trail shall be constructed
prior to the final acceptance of public improvements.
Commissioner Garvin seconded the motion. The motion carried
by a vote of 4-1-0. Commissioner Kraska opposed.
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8. ADJOURNMENT
There being no further business to come before the Commissioners, Commissioner Lee
asked for a motion to adjourn.
MOTION: Commissioner Garvin made a motion to adjourn the meeting.
Commissioner Groce seconded the motion. The motion carried by
a vote of 5-0.
Commissioner Lee adjourned the meeting at 8:40 p.m.
APPROVED BY THE PLANNING AND ZONING COMMISSION ON
JANUARY 22, 2018.
ATTEST:
Commissioner, Michelle Lee
AA
T a Morri , Administrative Assistant
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